Chancel Repair Searches and Indemnities

Chancel repair liability is an ancient interest benefiting some 5,200 pre-Reformation churches in England and Wales. It allows the Parochial Church Council (PCC) to require owners of former rectorial land to meet the cost of repairing the church chancel. Since 12 October 2013, PCCs have been able to register their interest against the title at the Land Registry. Properties that have been conveyed since that date where there is no notice of interest are clear of liability but a PCC could still register an interest against a property that has not been transferred since that date.

York Place offer a number of solutions to the Chancel Repair Liability issue.

3. National Archives Search

There is no single central register which can be used to identify all chancel repair or other liabilities or restrictions attached to land and property in England and Wales. Enquirers are strongly recommended to check the deeds, the Land Registry and current landowners for relevant information. The formal record which sets out the proportionate liability of all the tithe-owners in a parish to contribute to the repair of the chancel of the church of an ancient parish is called the Record of Ascertainments. A search in the records of ascertainment will help to identify the likelihood of liability in respect of a given property as well as the proportion of the total cost to be paid in respect of each liable property. The actual amount to be paid cannot be known until repairs are carried out and their cost established.